Commonwealth Numbered Acts

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PATENTS AMENDMENT ACT 1978 No. 131, 1978 - SECT 3

Publication of complete specification
3. (1) Section 54A of the Principal Act is amended by omitting sub-section (2)
and substituting the following sub-section:

''(2) Where-

   (a)  a complete specification has been lodged and a period of 18 months has
        elapsed since-

        (i)    if the complete specification contains only one claim-the
               priority date of that claim;

        (ii)   if the complete specification contains 2 or more claims and
               those claims have the same priority date-that priority date; or

        (iii)  if the complete specification contains 2 or more claims and
               those claims have 2 or more priority dates-the earlier or
               earliest, as the case may be, of those priority dates; and

   (b)  the specification has not become open to public inspection, the
        Commissioner shall, unless the application has lapsed or has been
        refused or withdrawn, forthwith publish in the Official Journal a
        notification that the complete specification is open to public
        inspection.''.

(2) The amendment made by sub-section (1) does not apply in relation to
complete specifications lodged on or before the date of commencement of this
Act.
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